20 U.S.C. § 6454 — Uses of funds

Page 1407 TITLE 20—EDUCATION § 6454 cilities working with children and youth are aware of a child’s or youth’s existing individ- ualized education program; and (13) as appropriate, a description of the steps participating schools will take to find alter- native placements for children and youth in- terested in continuing their education but un- able to participate in a traditional public school program. (Pub. L. 89–10, title I, § 1423, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1588; amended Pub. L. 113–128, title V, § 512(i)(3), July 22, 2014, 128 Stat. 1708; Pub. L. 114–95, title I, § 1401(10), Dec. 10, 2015, 129 Stat. 1903.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in par. (9), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in par. (10), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, which is classified prin- cipally to chapter 111 (§ 11101 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classifica- tion of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of Title 34 and Tables. PRIOR PROVISIONS A prior section 6453, Pub. L. 89–10, title I, § 1423, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3598; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(18)(C), (f)(13)(C)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–422, 2681–431, related to local educational agency applications, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Par. (2)(B). Pub. L. 114–95, § 1401(10)(A), inserted ‘‘, including such facilities operated by the Secretary of the Interior and Indian tribes’’ after ‘‘juvenile jus- tice system’’. Par. (4). Pub. L. 114–95, § 1401(10)(B), added par. (4) and struck out former par. (4) which read as follows: ‘‘a de- scription of the program operated by participating schools for children and youth returning from correc- tional facilities and, as appropriate, the types of serv- ices that such schools will provide such children and youth and other at-risk children and youth;’’. Par. (7). Pub. L. 114–95, § 1401(10)(C), inserted ‘‘institu- tions of higher education or’’ before ‘‘local businesses’’ and substituted ‘‘facilitate postsecondary and work- force success for children and youth returning from correctional facilities, such as through participation in credit-bearing coursework while in secondary school, enrollment in postsecondary education, participation in career and technical education programming’’ for ‘‘develop training, curriculum-based youth entrepre- neurship education’’. Par. (8). Pub. L. 114–95, § 1401(10)(D), inserted ‘‘and family members’’ after ‘‘parents’’. Par. (9). Pub. L. 114–95, § 1401(10)(E), substituted ‘‘ca- reer’’ for ‘‘vocational’’. Par. (13). Pub. L. 114–95, § 1401(10)(F), substituted ‘‘tra- ditional’’ for ‘‘regular’’. 2014—Par. (9). Pub. L. 113–128 substituted ‘‘a descrip- tion of how the program under this subpart will be co- ordinated with other Federal, State, and local pro- grams, such as programs under title I of the Workforce Innovation and Opportunity Act’’ for ‘‘a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of Public Law 105–220’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. § 6454. Uses of funds (a) In general Funds provided to local educational agencies under this subpart may be used, as appropriate, for— (1) programs that serve children and youth returning to local schools from correctional facilities, to assist in the transition of such children and youth to the school environment and help them remain in school in order to complete their education; (2) dropout prevention programs which serve at-risk children and youth; (3) the coordination of health and social services for such individuals if there is a like- lihood that the provision of such services, in- cluding day care, drug and alcohol counseling, and mental health services, will improve the likelihood such individuals will complete their education; (4) special programs to meet the unique aca- demic needs of participating children and youth, including career and technical edu- cation, special education, career counseling, curriculum-based youth entrepreneurship edu- cation, and assistance in securing student loans or grants for postsecondary education; (5) programs providing mentoring and peer mediation; (6) programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the area served by the local educational agency that are operated by the Secretary of the Interior or Indian tribes; and (7) pay for success initiatives. (b) Contracts and grants A local educational agency may use a subgrant received under this subpart to carry out the activities described under paragraphs (1) through (7) of subsection (a) directly or through subgrants, contracts, or cooperative agree- ments. (Pub. L. 89–10, title I, § 1424, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1589; amended Pub. L. 114–95, title I, § 1401(11), Dec. 10, 2015, 129 Stat. 1904.) Editorial Notes PRIOR PROVISIONS A prior section 6454, Pub. L. 89–10, title I, § 1424, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3599, related to uses of funds, prior to the general amendment of this subchapter by Pub. L. 107–110. Page 1408 TITLE 20—EDUCATION § 6455 AMENDMENTS 2015—Pub. L. 114–95, § 1401(11)(A), designated existing provisions as subsec. (a) and inserted subsec. heading. Subsec. (a)(2). Pub. L. 114–95, § 1401(11)(B), struck out ‘‘, including pregnant and parenting teens, children and youth who have come in contact with the juvenile justice system, children and youth at least 1 year be- hind their expected grade level, migrant youth, immi- grant youth, students with limited English proficiency, and gang members’’ after ‘‘at-risk children and youth’’. Subsec. (a)(4). Pub. L. 114–95, § 1401(11)(C)(i), sub- stituted ‘‘career’’ for ‘‘vocational’’. Subsec. (a)(6), (7). Pub. L. 114–95, § 1401(11)(C)(ii)–(E), added pars. (6) and (7). Subsec. (b). Pub. L. 114–95, § 1401(11)(F), added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6455. Program requirements for correctional fa- cilities receiving funds under this section Each correctional facility entering into an agreement with a local educational agency under section 6453(2) of this title to provide serv- ices to children and youth under this subpart shall— (1) where feasible, ensure that educational programs in the correctional facility are co- ordinated with the student’s home school, par- ticularly with respect to a student with an in- dividualized education program under part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.]; (2) if the child or youth is identified as in need of special education services while in the correctional facility, notify the local school of the child or youth of such need; (3) where feasible, provide transition assist- ance to help the child or youth stay in school, including coordination of services for the fam- ily, counseling, assistance in accessing drug and alcohol abuse prevention programs, tutor- ing, and family counseling; (4) provide support programs that encourage children and youth who have dropped out of school to reenter school and attain a regular high school diploma once their term at the correctional facility has been completed, or provide such children and youth with the skills necessary to gain employment or seek a regular high school diploma or its recognized equivalent; (5) work to ensure that the correctional fa- cility is staffed with teachers and other quali- fied staff who are trained to work with chil- dren and youth with disabilities taking into consideration the unique needs of such chil- dren and youth; (6) ensure that educational programs in the correctional facility are related to assisting students to meet the challenging State aca- demic standards; (7) to the extent possible, use technology to assist in coordinating educational programs between the correctional facility and the com- munity school; (8) where feasible, involve parents in efforts to improve the educational achievement of their children and prevent the further involve- ment of such children in delinquent activities; (9) coordinate funds received under this sub- part with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made avail- able under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.], and career and technical education funds; (10) coordinate programs operated under this subpart with activities funded under the Juve- nile Justice and Delinquency Prevention Act of 1974 [34 U.S.C. 11101 et seq.] and other com- parable programs, if applicable; (11) if appropriate, work with local busi- nesses to develop training, curriculum-based youth entrepreneurship education, and men- toring programs for children and youth; (12) upon the child’s or youth’s entry into the correctional facility, work with the child’s or youth’s family members and the local edu- cational agency that most recently provided services to the child or youth (if applicable) to ensure that the relevant and appropriate aca- demic records and plans regarding the con- tinuation of educational services for such child or youth are shared jointly between the correctional facility and local educational agency in order to facilitate the transition of such children and youth between the local educational agency and the correctional facil- ity; and (13) consult with the local educational agen- cy for a period jointly determined necessary by the correctional facility and local edu- cational agency upon discharge from that fa- cility, to coordinate educational services so as to minimize disruption to the child’s or youth’s achievement. (Pub. L. 89–10, title I, § 1425, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1589; amended Pub. L. 113–128, title V, § 512(i)(4), July 22, 2014, 128 Stat. 1708; Pub. L. 114–95, title I, § 1401(12), Dec. 10, 2015, 129 Stat. 1904.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in par. (1), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part B of the Act is classified gen- erally to subchapter II (§ 1411 et seq.) of chapter 33 of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. The Workforce Innovation and Opportunity Act, re- ferred to in par. (9), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subtitle I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in par. (10), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, which is classified prin- cipally to chapter 111 (§ 11101 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classifica- tion of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of Title 34 and Tables. PRIOR PROVISIONS A prior section 6455, Pub. L. 89–10, title I, § 1425, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.